Land Law unit 7 - Easements

Re Ellenborough Park

Four requirements for a right to be an easement; 1. Dominant and servient tenement. 2. Easement must accommodate the dominant tenement. 3. The dominant and servient owners must be different people. 4. The easement must be capable of being the subject matter of a grant.

Bailey v Stephens

The dominant and servient tenements should be sufficiently close to confer a benefit on the land.

Wheeldon v Burrows

Requirements for an implied easement: 1. Continuous and apparent use. 2. Necessary for reasonable enjoyment. 3. Seller used the quasi easement for the benefit of the land before the power of sale.

Wong v Beaumont

Where both parties intend a property to be used in a specific way, and the use of the property in that way requires that easement, it can be impliedly acquired by common intention.